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fl 19 U5 ORPORATION OF THE GRAND ARMY 
copy i OF THE REPUBLIC 



HEARING 

BE! ORE Tin: 

COMMITTEE ON THE DISTRICT OF COLUMBIA 

HOUSK OF REPRESENTATIVES 

SIXTY-SEVENTH CONGRESS 
FIRST SESSION 



ON 



H. R. 5522 



A BILL FOR THE INCOR1 ORATION OF THE 
GRAND ARMY OF THE REPUBLIC 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1921 






LIBRARY OF CONGRESS 
received 

. S 2 5 1924 

DOCUMENTS DIVISION 



GEAND ARMY OF THE REPUBLIC. 



Committee of the District of Coli ubia, 

I lei 8E OF REPR] SENT \ I H E8, 

Wednesday, July 00, 1921. 
The committee met at LO o'clock a. m., Hon. Benjamin K. Focht 
(chairman ) presiding. 
The committee had under consideration the following bill: 

A BILL For the Incorporation of the Grand Army of the Republic. 

i:< it enacted by the Senate and House of Representatives of tin I nited 
States of Ann rica in Congress assembled, Thai the organization known as the 
Grand Army of the Republic, with a membership limited to persons who served 
as soldiers and sailors of the Dnited States Army ;m<i Navy or Marine Corps 
and Revenue-Cutter Service between April 12, 1861, and April '.». 1865, in tin- 
war for the suppression <>f the rebellion, and of such State regiments .'is were 
called into active service and subject to the orders of the Dnited States u r i'ii- 
eral officers between the dales mentioned, and have been honorably discharged 
therefrom after such service, is hereby created a body corporate and politic of 
the District of Columbia, by the name of "The Grand Army of the Republic," 
by which name it shall be a person in law. capable of suing and being sued, 
and of Having and exercising all incidental powers as a litigant or otherwise 
as if it were a natural person, with power to acquire bj purchase, gift, devise. 
or bequest, and to hold, convey, or otherwise dispose of property, real or per- 
sonal, as may he necessary or calculated to carry into effed the patriotic, 
fraternal, and charitable purposes of its organization, as such purposes are 
avowed ami declared in its rules and regulations 

Sec. 2. That the supreme governing ami controlling authority in said organi- 
zation shall he the national encampment thereof, composed of representatives 
from the several department encampments as are now or may hereafter he 
organized: Provided, That there shall never he any change in the plan of or- 
ganization of said national encampment that shall materially chnge its presenl 
representative form of government or render possible the concentration of the 
control thereof in tin' hands of a inhied uumber, or in a self-perpetuating body 
no; representative of the membership at large. 

Sec. 3. That the qualifications for membership in sad organization, except 
as they are limited by the provisions of section 1 of this act. anil the rights and 
privileges of the members thereof, shall he such as are fixed by the ordinances, 
rules, and regulations adopted by said national encampment, and the meet 
of said organization, whether for the transaction of business or otherwise, 
may he held at any place in the Tinted Slates 

Sec. 4. That the activities of said corporation shall he exercised througl 
by the following agencies, in accordance with the law-, ride-, and regulations 

now* in force, or such as may he hereafter enacted by the national encamp- 
ment thereof, namely : 

First. Through the national encampment, it-- officers and committees. 

Second. Through such department encampments as may have been hereto- 
fore, or as may hereafter, organized, their officers and committees. 

Third. Through such posts as may have been heretofore, or may lie here 
organized, their officers and committees. 

Such department encampments shall he subjeel ami subordinate in authority 
to the national encampment, and such pnst< shall he also subjeel to such control, 

exercised through the department encampment and department officers ot 
particular department to which it belongs. 

nooos— 21 :: 



4 INCORPORATION I i CHE GRAND ARMY ( F THE REPUBLIC. 

Sic 5. Thai the corporate existence of the Grand Army of the Republic, and 
the exclusive rights of its surviving members to wear the insignia of membership 

therein, shall terminate only when the last of its members dies: Provided, 
however, Thai if at any national encampment hereafter held a memorial shall 
be adopted by the vote of three-fourths ol the members present, reciting that 
bees use of the decrease in its membership, or because of the age and infirmity 
of its surviving members, it is no longer advisable and practicable to hold 
future national annual encampments, such action shall not operate to deprive 
sa'n! organization «»i' any of its corporate powers, hut the government thereof 
may he modified to provide for such contingency, subject to the restrictions 
contained in section '1 of this act : Provided, That nothing in this act shall in 
any manner affecl the righl or the power of such posts or departments to 
dispose of. ••!• otherwise afiieel the ownership of. property held by any post 
or department in its own name, nor affect the right of such posts or depart- 
ments to organize corporations under State laws for the purpose of caring for 
and disposing of such property. 

Sec. (',. That the national encampment may, by resolution, provide for the 
disposition and future ownership of its property and archives, and may declare 
the event in which such disposition shall become effective and such ownership 
vested, and a duly authenticated copy of such resolution shall be filed in the 
office of the Supreme Court of the District of Columbia. Upon the happening 
of the event thus declared, and upon the filing of a petition in said Supreme 
Court reciting said facts, said court shall take jurisdiction thereof, and upon 
due proof being made the court shall enter a decree which shad lie effectual to 
vest title and ownership in accordance with the provisions of such resolution. 

STATEMENT OF HON. WILLIAM R. WOOD, A REPRESENTATIVE 
IN CONGRESS FROM THE STATE OF INDIANA. 

The Chairman. Mr. Wood, do you wish to say something in ref- 
erence to the bill H. R. 5522? 

Mr. Wood. Yes. Mr. Chairman, I . 'e:>ire to call the attention of the 
committee to this bill, not only because I feel an interest in the mat- 
ter but I do so at the request of Mr. Moores. who introduced it. I 
want to say further that the bill was drawn at the suggestion of the 
Grand Army of the Republic by Gen. Ketcham, who is the grand 
commander of the Grand Army of the Republic, located at Indian- 
apolis. 

1 r you will examine the bill you will see that it is in the usual form 
of bills creating corporations, prescribing and limiting- the powers 
he corporation, and providing for the conduct of the affairs of 
the organization. The Grand Army of the Republic is an associa- 
tion that never has been incorporated. It is a voluntary association, 
and il exists in most of the States, and. I think, in all of them, with- 
out any incorporation whatever. I do not know that it litis ever 
heretofore made any attempt to be incorporated. but there is a great 
necessity for it just now for litis reason: All of you know that the 
members of the Grand Army of the Republic are rapidly passing 
away, and I notice from the report of the adjutant, submitted at 
Indianapolis a few days ago, that tO.000 of them died last year and 
that the total number now remaining is about 93,000. There are 
about 93,000 surviving, and. as I said, they are passing away at a 
rapid rate. There are Grand Army posts in every State of the Union, 
and they have some considerable property, amounting to $2,000,000 or 
10,000. Therefore, at some time or other, it will be necessary for 
some one to take over this property and make some disposition of it. 

A part of the property Consists of real estate. 

There is another great necessity for this incorporation, and that is 
in order that they may receive bequests. There have been two or 



[INCORPORATION <>| ."> 

three bequests made to the Grand Arm\ of the Rept lie, I i in- 
formed, by philanthropic persons, mostly 1»\ old oldiei 
the necessity and the chfliculty that they oiu I »ney. 

In this connection, I wish to say, they have been subjected nol < >ni y 
t<> annoyance but, in some cases, they have absolutely b< itecl 

in the matter of obtaining bequests, because then ition 

with the authority t.> receive them. There is an instance of that 
now in New York State, where a bequest was made bj itle- 

iiniii to the '■ rrand Army of the Republic amounting to 
and where the representatives of the estate have refused to . 
the bequest until there is some incorporated legal body o I by 

law and authorized by law to receive it. Therefore, the] 
necessity for this act ion. 

It just occurred to me while Listening to the gentleman who was 
speaking to you with reference to making Lincoln's birthday anni- 
versary a holiday in the District <d' Columbia that if there is any- 
thing that ought to go hand in hand with the name of Lincoln il 
the (it and Army of the Republic. This organization was first formed 
in L865. No one knows exactly who did it or how it was done, bi 
seems to have been a sor( of spontaneous growth, beginning in Illi- 
nois iii L865, and it grew rapidly until it had expanded all over the 
United States, or wherever there were even a few soldiers gathered 
together. A number of those posts are in Southern St 

I feel, Mr. Chairman, that this bill should be reported as it i- 
drawn, but I will state, in all fairness to the committee, and I want 
to be perfectly frank with yon. that this same bill, or practically the 
same bill, if not word for word, because there may have been - 
slight modifications, was introduced and referred to the Judiciary 
Committee. That committee made amendments to the bill that made 
it absolutely unacceptable to the Grand Army of the Republic, and 
they would not have it. as I am informed by a letter from Gen. 
Ketcham. Xow. it occurs to me that this body should not be subjected 
to the exactions imposed by the amendments that were suggested he- 
fore the Judiciary Committee. For instance, that committee would 
require by one amendment that they should file with the secretary >f 
state in each one of the States the name and post-office address of 
some one on whom service might be had in case of suit brought in 
such State. Of course, as you can readily see. that might result in 
great abuse and annoyance. Tf it is in corp orated under an act of 
Congress its locus will be in the city of Washington, where service 
can be had upon it and where the interests of the citizens as well as 
of the corporation can be fully protected. 

Mr. Woods. There is no incorporation now? 

Mr. Wood. No. 

Mr. Woods. There has been no incorporation of the soldiers of the 
Civil War? 

Mr. Wood: The Grand Army of the Republic has never been in- 
corporated. 

Mr. Woods. It is purely a voluntary association? 

Mr. Wood. It is a voluntary association without incorporation. 

Mr. Underbill. They did not wish to accept the amends 
-which the Judiciary ( lommittee put on the hill '. 

Mr. Wood. No. 

Air. Underhill. This would not he establishing any precedent \ 



6 INCORPORATION OF THE GRAND AliMV OF THE REPUBLIC. 

Mr. Wood. No. 

Mr. Blanton. What particular benefit would be conferred upon 
the Grand Army of the Republic by incorporating it now. after all of 
these years? 

Mr. Wood. I have just stated that. 

Mr. Blanton. 1 mean what particular benefit? 

Mr. A\'t »* >i > One particular benefit would be that they could receive 
this bequest of $2,000 made by a gentleman in New York. The ex- 
ecutors have refused to pay over the bequest because there is nobody 
legally entitled to receive it. 

Mr. Blanton. Is that the only particular benefit they will derive 
from it — that is. to be able to receive a donation of $2,000? 

Mr. Wood. No; that is not the only purpose of it. That is one of 
the purposes. As I have said, another purpose, and it is a far greater 
purpose, is the fact that the business of this organization must be 
wound up when its members have passed away. I presume that the 
( rrand Army of the Republic, at the outside, can not continue for more 
than 10 years. They have about $2,000,000 worth of property in this 
country, scattered here, there, and yonder, and somebody should be 
in a position to take care of this property in an orderly, judicial way- 
Mr. Blanton.* I see no objection to incorporating them. 

Mr. Woods. It would be a purely charitable corporation? 

Mr. Wood. Yes. 

Mr. Woods. The bill provides against perpetuation? 

Mr. Wood. Yes. I can not see any objection to it. The bill is in 
the ordinary form, and it was drawn with great care. It has had the 
supervision of Mr. Moores, one of the best lawyers in Congress. The 
bill was prepared by Gen. Ketch am himself. 

STATEMENT OF HON. HENRY Z. OSBORNE, A REPRESENTATIVE 
IN CONGRESS ER0M THE STATE OF CALIFORNIA. 

Mr. Osborne. Mr. Chairman and gentlemen, I would say that the 
Grand Army of the Republic is a unique organization in this respect, 
that no one Van be a member who did not serve for a certain length 
of time in the Union Army during the Civil War between certain 
dates. In a very few years, the time will come when there will be 
none left. They are passing away very rapidly, and while they used 
to have about half a million members, they have now only about 
one hundred thousand. 

The Chairman. I think it was stated there are 93,000 now. 

Mr. Osborne. Yes, sir. They are passing away at the rate of 
about 100 per day. Being a Unique organization in the way I have 
mentioned, it must pass out of existence when the last (rrand Army 
man dies. Now. when the Grand Army of the Republic has passed 
out of existence, it will be important that there should be some 
legal method of disposing of the very considerable amount of 
property it has in different parts of the country, consisting of halls 
and memorials of various kinds. 

Mr. Woods. Is that property held by trustees or by the local posts? 

.Mr. Osborne. It i> held by the local posts, by common consent, 
without any national incorporation. 



[NCORPORATION OF Till. GRAND Al:\n 0] THE REPUBLIC. 7 

Now. there is another thing: Recently there lias been a bequest 
made to the Grand Amu of the Republic of $2,000, a* Mr. Wood 
stated, by a former officer of the organization who has passed away. 
A.- Mr. Wood has stated, the representat Lves of the estate will not turn 
that bequest over to the organization, because there is no legal entity 
to which they can turn it over. That, in itself , won 1. 1 not be o serious. 
hi it it is altogether likely, as these men are gel ting far along ir j b 
that there will be other bequests, and probably there will be a great 
many of them. It' the organization can secure incorporation, thru 
there will be a legal method by which to handle this property and 
by which it can be put to the use for which it w a - intended. 

Mr. Wood has spoken about the bill having been referred to the 
Judiciary Committee, d'hat committee hedged it about with 
many amendments that it is uot acceptable to the Grand Army of 
the Republic, and they would much rather have no corporation at all 
than to have it tied up in the way that the Judiciary Committee en- 
deavored to tie it up. 

We hope that you gentlemen will see lit to incorporate this body. 

There is present this morning Maj. Gen. John L. Clem, who began 
his service in the Civil War at 10 year- of age. Il<" served through 
out the Civil War with distinction and afterwards wasappointed by 
President Grant a lieutenant, passed through the various grades in 
the United States Army, and was finally retired in recent years as a 
major general. He is a very highly esteemed member of the Grand 
Army ^\' the Republic and has held the second highest position in 
the organization. ] would like to have him address the committee. 

Mr. Wood. I think all of yon will he interested in hearing Gen. 
Clem. He is the youngest surviving general of the Civil War and is 
better known as tin 1 " Drummer Boy of Shiloh." | Applause. | 

STATEMENT OF GEN. JOHN L. CLEM. 

Gen. Clem. Mr. Chairman and gentlemen, I am not a public 

speaker, and the gentlemen who have preceded me have said every- 
thing that ought to be said. We are passing away very rapidly. I 
lost seven members of our Loyal Legion last month here in the Dis- 
trict of Columbia. We lest that many members of our Loyal Legion, 
of which 1 have the honor to he commander. We are going at that 
rate all the time, and ad of them will -non he gone. We want to 
be incorporated for the reasons that have just been stated. I will not 
detain you any longer, because 1 know you will vote for this. 

Mr. Mellspai gh. Mr. Chairman, in view of the fact that there does 
not seem to he any opposition to this hill, and as there is a great deal 
of work before us, I move that the hill he reported out with a recom- 
mendation that it do pass. 

Mr. W \t TV.v-. Would this hill interfere in any way in a case like 
this : The Grand Army post in my home city has effected an organiza- 
tion which includes the membership of the Sons of Veterans, and 
they have placed their real estate and personal property in trust with 
this body, which is self-perpetuating. That is done cor exclusively 
local purposes. Now. is there anything at all in this lull that would 
authorize this proposed organization going in there and taking that 
property over 3 



8 INCORPORATION OF THE GRAND ARMY OF THE REPUBLIC. 

Mr. Wood. There could not be anything in this bill that could affect 
in any way any vested property rights. 

The Chairman. It lias been moved and seconded that the bill. H. R„ 
5521, be favorably reported. 

(The question being put by the chairman, the motion to report the 
bill favorably was adopted by the committee.) 

(Thereupon, the committee proceeded to the consideration of other 
business.) 



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